Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 124 of 25 articles for downpayment

Protecting Installment Buyers Understanding Rescission Rights Under THE Maceda LAW

The Supreme Court clarifies the strict notarial and grace period requirements for canceling installment contracts under the Maceda Law.

Deed of Assignment Validity and Loan vs. Sale: Key Contract Lessons from the Supreme Court

The Supreme Court clarifies when a Deed of Assignment establishes ownership, and how courts distinguish a loan from a sale.

When a Lawyer Buys a Client's Property: The Business Deal Exception

The Supreme Court clarifies when a lawyer's purchase of a client's property is a valid business deal, not a breach of professional ethics.

Breach of Contract and Surety Bonds: When Extensions Don't Discharge a Surety

A contractor's failure to complete works on time triggers liability for breach and its surety's bond, even when extensions are granted.

Perfected Contract of Sale When a Preliminary Agreement Becomes Binding

When does a preliminary agreement become a perfected contract of sale? The Supreme Court explains in this Philippine banking liquidation case.

Maceda Law Rights of Installment Buyers in Real Estate Contracts

The Supreme Court explains how the Maceda Law protects installment buyers, including the required cash surrender value before contract cancellation.

Attorney Suspended for Misrepresentation and Failure to Return Client Funds

Supreme Court suspends lawyer for two years for misrepresenting as immigration lawyer and failing to return P350,000 client funds.

Contract to Sell: Full Compliance Required Before Buyer Can Demand Deed of Sale

Philippine Supreme Court ruling clarifies that buyers under a contract to sell must fulfill all obligations—not just the purchase price—before demanding a deed of sale.

Contract to Sell vs Dacion en Pago: Protecting Subdivision Lot Buyers in the Philippines

The Supreme Court explains how PD 957 protects subdivision lot buyers even when a developer transfers the property to a bank through dacion en pago.

Construction Disputes: Substantial Completion and Liquidated Damages in the Philippines

Philippine Supreme Court clarifies when 95% substantial completion bars liquidated damages in construction disputes under CIAP rules.

Forfeiture of Downpayment: When a Buyer's Stop Payment Is Justified

Supreme Court ruling on when sellers cannot forfeit a buyer's downpayment due to adverse claims on property title.

Buyers Can Suspend Payments When Title Is Clouded: Daleon v. Tan

When a property's title is clouded by an adverse claim, buyers may stop paying installments without risking forfeiture of their downpayment.

Rescission and Refund Rights in Real Estate Sales: What PD 957 Buyers Should Know

Learn how PD 957 protects condominium buyers with refund rights, and which court hears criminal cases for violations.

Certiorari Dismissed Untimely Appeals AND THE Finality OF Judgments

Explore how the Supreme Court upheld the dismissal of a Rule 65 petition, reinforcing the finality of judgments and the limits of certiorari.

Finality of Judgment and the Limits of Appellate Review in Philippine Courts

When can courts revisit decided cases? The Supreme Court explains finality of judgment, appellate jurisdiction, and contract to sell rules.

Contract to Sell vs. Contract of Sale: Why Consent on Payment Terms Matters

The Supreme Court clarifies when a property agreement is a contract to sell, not a sale, and why consent on payment terms is decisive.

Perfecting a Contract to Sell: Why Payment Terms Matter in Philippine Real Estate Law

Philippine Supreme Court ruling explains why agreeing on price alone does not perfect a contract to sell real property—payment terms are essential.

Meeting of Minds in Property Sales: Why Price Agreement Is Key in Philippine Contracts

Philippine contract law requires a meeting of minds on price for property sales. Learn from a Supreme Court ruling on consent and judicial ethics.

Perfected Sales vs. Recovery of Property: Understanding Real Actions in Philippine Law

When is a suit for specific performance actually a real action for recovery of property? The Supreme Court clarifies in Jimenez v. Jordana.

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon

Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.

Contractual Obligations Upholding Agreed Upon Interest Rates in Construction Disputes

Philippine Supreme Court affirms 2% monthly interest on unpaid construction balance, enforcing contractual stipulations between owner and contractor.

Rescission of Contract to Sell: Your Rights to Refunds and Interest in the Philippines

Philippine Supreme Court ruling on contract to sell rescission clarifies buyer's right to refund of installments and interest payments.

Conditional vs. Absolute Sale: How Philippine Courts Determine True Property Ownership

Philippine courts look beyond contract labels to determine if a sale is absolute or conditional. Learn the key rules from a landmark Supreme Court case.